Poverty and pollution Case Study Example | Topics and Well Written Essays - 1250 words

Poverty and pollution - Case Study Example Ethical implications of businesses polluting in a third world country The world is ever concerned about the impact of business on the environment. A firm dealing with manufacturing operations must put into considerations how they operate. All business enterprises are not only responsible for ensuring sufficient ecological safety precautions, but are also liable for faults under their watch (Have & Henk, 2006). Doing business in a third world country requires a consideration that most nations do not have standards for environmental safety. In the current social and political climate, firms associated with polluting the environment in third world countries may face severe consequences especially in the American media. Everyone hates being associated with dumping chemicals into a water source and thus a company should consider integrity and ethics in running its business. Business ventures have an obligation to avoid damaging the surroundings in ways that affect human life in a negative way. In most cases, exocentric and anthropocentric interests overlap. For instance, water, air, and toxic waste pollution, release of fluorocarbons, and excessive carbon dioxide equally affect humans and environmental collections. When businesses are found guilty for polluting a certain environment in a third world nation, a number of corrective measures may be open to them. For example, they may be required to restore a stream, which is a costly procedure, or they may compensate a community for living near a polluted stream. This may be less costly. Businesses polluting in a third word country should be automatically bound to environmental regulations required by the nation’s law. If companies fail to respond appropriately, they may seem uncaring and arrogant, which harms both their reputation and human life (Callan &Thomas, 2007). Reasons why a business may conduct operations in a third world country and disregard any standards of pollution control Operating a business in a third world country may mean that the poor citizens pay the price of pollution caused by the operations of the business. The health-impairing pollution costs depend on the revenues relinquished from more injuries and deaths. The economic rationale behind polluting in a third world and ignoring the pollution control standards may be viewed by such companies as flawless. Another reason is that, pollution increases with disproportionate pollution costs. Everyone values a tidy environment when their incomes increase. If it balances with other needs, costs of pollution in developing countries fall. A business may disregard the pollution control measures to eliminate the restrictions that protect the citizens of that country in order to increase protection for business interests. Standards of commerce for health, environmental, or other social welfare may be strictly challenged or limited. By ignoring the right to condition investment on certain pollution control standards like redlinin g neighborhoods, a country may damage the control or power that it had to a certain business behavior, and thus allowing it to continue with its operations no matter the consequences. After all, imposing public social and environmental costs like toxic dumping is a way for firms to boost their profits. Consumers, communities, and workers in a third world country lose; short-term gains soar and complex ventures â€Å"wins.† Pollution is the price for progress Since environmental policies often involve trade-offs, there should be a balance between cots and profits. The greatest cause of depression in many countries is poverty. It is only by economic development that people can be lifted out of poverty. However, if economic growth signifies progress, then logical environmental policies are necessary for lasting economic growth, or at least environmental protection and progress are compatible. Environmental pollution can limit economic growth and the health impacts of pollution i n a nation’

The Body Shop Essay Example for Free

The Body Shop Essay Body Shop is a brand with a difference. Marketers consider this brand as an Icon. Body Shop has created a brand image without the aid of conventional advertising. 2006 saw this iconic brand draw up serious business plans for India. Body Shop brand was created in 1976 in Brighton United Kingdom. The brand and the brand owner share a common personality that is very much linked to each other. Anita Roddick the legendary founder of the Brand created this brand from a small shop in UK started to support her family. Body Shop in India is sold through the master franchise Planet Sports . The brand is expecting to ramp up the operations to major metros by the year 2008. Body Shop is differentiated from other conventional cosmetics by the values that the brand adheres to and the brand image created through the unique association with those values. The brand is famous for its association with ethical practices and the environment friendly world view. The products reflects these values through the use of only natural ingredients and the products are never tested on animals. The ackaging and the merchandising are carefully prepared to highlight the brand values. For example , Body Shop uses refillable packs and recycled [recyclable papers. Although the use of refillable packs were used to keep the price low, it evolved into an element that reinforced the brand positioning. The brand also was careful in the messages displayed in the shop and other POP merchandises. The messages were simple, enthusiastic and informative. These elements made Body Shop a different cosmetic brand. The brand was essentially an extension of the founder herself. Anita Roddick is an ardent environmentalist and naturalist. Her views about the nature supported with her activities and associations created a positive reinforcement for the brand. Customers were seeing a brand that does things while others Just give hope. More over Body Shop was able to communicate with the customers at a higher level rising above beauty and fairness that other cosmetics talked about. There was honesty associated with the brand. The shops also reinforced this attribute. All the shops reflected an environment of honesty, excitement and fun. It is reported that Ms Anita Roddick takes personal interview with the franchises to ensure that they share the same passion with Body Shop principle. Although Body Shop is starting serious business with Indian consumers only now, the association with India dates back to the initial years itself. India was a sourcing partner for Body Shop during the creation of the brand. The success of the brand was because of the unique business model of Body Shop. The brand relies on PR and word of mouth to make sales. The Indian launch was also

The Socio Cultural Analysis Marketing Essay

The Socio Cultural Analysis Marketing Essay Finance/Accounting Human Resource Marketing Department Sales Distribution Relation Management Customer ICT Department Production Operation Research and Development Finance The science that describes the administration, conception and study  of money, banking, credit, investments, assets and liabilities. Finance consists of economic systems, which include the public, private and government seats,  and  the study of finance and financial instruments, which can transmit to numerous assets and liabilities. Some desire to divide finance into three different categories: public finance, company finance and private finance. All three of which would contain many sub-categories. Human Resource Human  resources (HR) is a phrase that is used in business to refer to the people who work for a corporation or association. It also is used to refer to the section of a company that is liable for managing those resources, such as hiring and training new human resources and supervising the benefits and reimbursement packages provided to all of the companys employees.( Deborah  ,2012) Marketing Department The marketing department should act as a channel and lead the companys other departments in developing, producing, satisfying, and servicing goods or services for their customers. Communication is very important. The marketing department normally has a superior understanding of the market and customer requirements, but should not work separately of product development or customer service. Marketing should be concerned, and there should be a meeting of the minds, whenever discussions are held concerning new product development or any customer-related function of the company.( Obringer,2012) Sales Sales department one of the most popular and vital function in every business as sales department is responsible for the sales taking place beside this the department keeps the records of the current levels of sales, the activities of businesss competitors, request of new product from customer and improvement of old product or new design. Distribution A plan formed by the administration of a manufacturing business that specifies how the firm intends to transmit its products to mediators, retailers and end customers. Larger companies involved in making products will typically also put together a detailed production distribution plan to guide it. Relationship management A strategy employed by an organization  in which a continuous level of engagement is maintained between the organization and its audience. Relationship management can be between a business and its customers (customer relationship management) and  between a business and other businesses. Production Operation Any part of the industrial procedure that is treated as a diverse element for the purposes of such plan and organizational considerations as planning, accounting, and control. A production process is characterized by stability in both the labor process and the equipment used by the operator. Distinctions are made between basic technological operations, auxiliary operations, and servicing operations.( SHUKHGALTER, 2010) Research and Development Research and development, often called RD, is a phrase that means different things in different applications. In the world of business, research and development is the phase in a products life that might be considered the products conception. That is, basic science must exist to support the products viability, and if the science is lacking, it must be discovered this is considered the research phase. If the science exists, then turning it into a useful product is the development phase. Further terminology refinements might call it engineering to refine production so that the product can be made for a cost that appeals to consumers.( Harmon,2013) 1.2 International Marketing Services Pvt. Ltd. (IMS) Founded in 1993 is the Authorized Distributer of Samsung Mobiles since 2001 in Nepal, They are the pioneers in the nepalese market in terms of mobile phone importers. Samsung Mobile Nepal (IMS) available to approximately 20 million people by covering all 14 zones of the country and 55 Districts. IMS is the only company to have 4 authorized mobile service centres across different zones which have been providing excellent after-sales services. Samsung Mobile has all kinds of phones with different features as per our needs and even more! A wide range of economic phones as well as high end smartphones made them the leading brand with market share of approx. 80% in the Nepalese smartphone industry. Today, they have the worlds most highly advanced and innovative mobile phones. Strong recommendations from retailers, press reviews, consumer opinions, contribute to a high rate of product referrals, brand recognition and ongoing momentum. Combined, these recommendation channels nourish the connection between Samsung and its community as market share increases. And because they invest wholeheartedly in refining the personalized communications experience, they champion the customer as the hero through every stage of innovation. 2.1 A stakeholder is any individual or organisation that is affected by the activities of a business. They may have a direct or indirect interest in the business, and may be in contact with the business on a daily basis, or may just occasionally.( Riley ,2012) Stakeholders are party that has an interest in an enterprise or project. The primary stakeholders in a typical corporation are its investors, employees, customers and suppliers. However, modern theory goes beyond this conventional notion to embrace additional stakeholders such as the community, government and trade associations. It is true that all stakeholders should to be dealt equally but in reality some are important or influential than others so their influence is likely to be greater in the organization. Every stakeholder is to be considered in order to achieve the goal of the company. But, every stakeholder does not have the same influence in the organization. The influence of a stake holders depend upon the type of the company. In the market oriented company, customers are more influential but in service oriented company like hospitals employee are more influential. But here are going to analyze about the most influential stakeholder, there is always a formulae to calculate and conduct analysis about in business and in this case we can calculate using the formulae Influence=Power*Interest. The idea is to establish which stakeholders have the most influence by estimating each stakeholders individual power over and interest in the organizations affairs. The stakeholder with the highest combination of p ower and interest is likely to be those with actual influence over objectives. Power is the stakeholders ability to influence objective (how much they can), while interest is the stakeholders willingness (how much they care) (ACCAGlobal, n.d.). 3.1 Chocolate is the object of our affection. Its a sensory adventure not only to eat chocolate, but also to smell it and look at it even unwrapping it is exciting.(woods,2010) Over the years, chocolate has   adopted many forms. Its   available not only for making   beverages and confectionaries, but   also for the production of   patisseries and savory dishes   alike. Since the early days of chocolate   making following the invention of   the hydraulic press, chocolate   has been used a gift for many   occasions. Also associated with   feelings of sensory pleasure and   love, it has found a place in our   heart since the very beginning. (woods,2010) Chocolate has taken a strong market all over the world including Nepal. There are many chocolate companies, which have taken market for many years. The successful chocolate companies, which have managed to do pretty well in Nepali market for many years, are KitKat. Kit Kat is a chocolate-covered wafer biscuit bar confection that was created by Rowntrees of York, England, and is now produced worldwide by Nestlà ©, which acquired Rowntree in 1988,except in the United States where it is made under licence by The Hershey Company. Each bar consists of fingers composed of three layers of wafer, covered in an outer layer of chocolate. Each finger can be snapped from the bar separately. Bars typically have 2 or 4 fingers. Single fingered larger Kit Kat Chunky bars are also popular. Market Overview Today Kit Kat has become one of the leading chocolate brand in Nepal. It has successfully become a part of Nepali culture. The KitKat products are being used everywhere by everyone. The KitKat is the most preferred Chocolate produced by Nestle. Kit-Kat can be found in every stores. Therefore we can say that KitKat is one of the best selling chocolate In Nepal. Political Analysis Political factors contain government policy and official issues and define both official and unofficial rules under which the firm must function. Some examples include: (quickmba,nd) tax policy employment laws environmental regulations trade restrictions and tariffs political stability KitKat is one of the best selling chocolate in Nepal so it has to meet all the standard laws and the regulation set by the government of Nepal. If the company didnt meet the standard set by the Government of Nepal, it should pay fine as per the rule. The political situation of Nepal is not stable, The chocolate kitKat may face many problems, as the political condition of Nepal is not stable. The unstable political condition of Nepal, may affect the market of chocolate. As Nepal is on extreme phase, no proper fixed rule has been made so far. People are facing sudden economic problem.Price of daily products are increasing rapidly Therefore, the increase of daily products price will affect the sales of chocolates. Economic Analysis Economic factors influence the purchasing authority of potential customers and the firms cost of capital. The following are examples of factors in the macro economy: (quickmba,nd) economic growth interest rates exchange rates inflation rate Economy means money. Economic is on the key factor of any types of business. KitKat needs to be aware about the economic condition of the country, economic growth rate, and national per person capital income, in which they are willing to start their business. Nepal is one of the developin countries. Many peoples are stil below the poverty line. Poor People cannot afford price of Kitkat. They must look into this and reduce their cost and target those people who are under poverty line also. Unless, KitKat target the poor people also, it cannot reach to every people of Nepal. Socio-Cultural Analysis Social factors consist of the demographic and cultural aspects of the exterior macro environment. These factors influence customer wants and the size of possible markets. Some social factors include: (quickmba,nd) health consciousness population growth rate age distribution career attitudes emphasis on safety Nepal is the country having the people belongs to different cultures and societies. It has different culture, language, good and lifestyle. KitKat will be greatly affected by social and cultural environment of Nepal. KitKat has to developed strategies as per the belief and culture in country like Nepal. KitKat has to develop effective strategies in order to meet different lifestyle according to consumer behavior. Company is very dependent on the consumer lifestyle and their attitude. Product cannot be successful until company has enough knowledge about the social and cultural aspect of the country. KitKat has to consider social and cultural factors in order to achieve their strategic objectives. Technological Aspect Technological factors can worse barriers to entry, reduce least efficient production levels, and influence outsourcing decisions. Some technological factors include: (quickmba,nd) RD activity automation technology incentives rate of technological change Technology is the major aspect of business.Technological change has the most rapid, persistent and profound effect. It creates opportunities for new products and product improvements and of course new marketing techniques over the internet.KitKat uses technology by taking orders via telephone and online by internet. Moreover, KitKat uses technology in various business activities such as record of their customers and employees. However, in context to Nepal, it is still far behind the international standard. Basic technological infrastructures like internet are available here. Which helps the customer to know about new products. Refrences What is Human Resources?. wiseGEEK: clear answers for common questions. N.p., n.d. Web. 19 Jan. 2013. . Obringer, Lee Ann. HowStuffWorks How Marketing Plans Work. HowStuffWorks Business Money. N.p., n.d. Web. 19 Jan. 2013. . What is distribution strategy? definition and meaning. BusinessDictionary.com Online Business Dictionary. N.p., n.d. Web. 19 Jan. 2013. . pros. Finance Definition | Investopedia. Investopedia Educating the world about finance. N.p., n.d. Web. 19 Jan. 2013. . Production Operation definition of Production Operation in the Free Online Encyclopedia.. Encyclopedia. N.p., n.d. Web. 19 Jan. 2013. . What is Research and Development?. wiseGEEK: clear answers for common questions. N.p., n.d. Web. 19 Jan. 2013. . pros, following the strategies of the. Stakeholder Definition | Investopedia. Investopedia Educating the world about finance. N.p., n.d. Web. 19 Jan. 2013. . Organisation Stakeholders Ethics. tutor2u | Economics | Business Studies | Politics | Sociology | History | Law | Marketing | Accounting | Business Strategy. N.p., n.d. Web. 19 Jan. 2013. Kit Kat 45gm-BhatBhateni Online Shopping, Send Gifts to Nepal . Online Shopping In Nepal-BhatBhateni Online Shopping, Send Gifts to Nepal . N.p., n.d. Web. 22 Jan. 2013. . AmeliaJWoods. Introduction to Chocolate. AmeliaJWoods on HubPages. N.p., n.d. Web. 22 Jan. 2013. . Stakeholders Chartered Quality Institute. Quality Management. N.p., n.d. Web. 23 Jan. 2013. . About HTC. HTC Mobile Phones, Smartphones, Cell Phones, Tablets. N.p., n.d. Web. 23 Jan. 2013. . Anderson, Chris. Top Ten Core Business Policies and Procedures Bizmanualz. Policies and Procedures Manuals | Business Policy Manual. N.p., n.d. Web. 23 Jan. 2013. . Core business. Moneyterms: Investment/finance glossary/explanations. N.p., n.d. Web. 23 Jan. 2013. . Stakeholder Definition. Stakeholder Mapping. N.p., n.d. Web. 23 Jan. 2013. . Stakeholder Definition. Stakeholder Mapping. N.p., n.d. Web. 23 Jan. 2013. . PEST Analysis. QuickMBA. N.p., n.d. Web. 23 Jan. 2013. . Top of Form PEST Analysis. QuickMBA. N.p., n.d. Web. 23 Jan. 2013. . PEST for Cadburys The Student Room. The Student Room. N.p., n.d. Web. 23 Jan. 2013. . What Is Chocolate?. wiseGEEK: . N.p., n.d. Web. 23 Jan. 2013. . free PEST market analysis template and method, free pest market analysis examples. Businessballs. N.p., n.d. Web. 23 Jan. 2013. .

Research Report: The Great Gatsby :: essays research papers fc

Research Report: The Great Gatsby   Ã‚  Ã‚  Ã‚  Ã‚  In â€Å"The Great Gatsby: A Criticism of American Society,† author Ned Mack discusses how F. Scott Fitzgerald criticizes the American Society in the 1920’s for its trend to waste, advertise, encourage superficial relationships, and an obsession with appearances. All four of these things are very evident in the novel, and Mack just breaks each of them down individually. Mack talks about how the Valley of Ashes is an example of people being wasteful in the 1920’s. People in America use what they want and when they want and leave the remains or waste, you might call it, behind for the un-wealthy to clean up. â€Å"The valley of ashes was once a flourishing town, but was used until it was no longer valuable and was thus abandoned.† (qtd. In Mack) This is very true the rich people in the novel were by no means conservationist. They would not think twice about using things in excess and then discarding them how they please. Advertising plays a huge role in this novel. Mack says, â€Å"The billboard in the Valley of Ashes is held above the rest of the town and represents society worshipping advertising† (2). This is evident in the novel not only are business’ advertised but in a way people are always advertising themselves. By talking about their own business’ or even worse putting themselves on display and advertising themselves, but not as people, but more like objects and how wealthy they are. An example of this is when Mr. And Mrs. Mckee are at Myrtle’s party and the narrator Nick is talking about the Mckees and he says referring to Mrs. Mckee, â€Å"She told me with pride her husband had photographed her a hundred and twenty-seven times since they had been married† (qtd. In Mack) Subconsciously, Mrs. Mckee is advertising her husband and that he is a photographer. Mack goes on to talk about the American obsession with appearance that is shown throughout the novel. An example of this would be that Gatsby has a huge library filled with books that have never been opened. Gatsby is just trying to be someone that he is not in order to fit a certain image. Another character obsessed with her appearance and how people perceive her is Myrtle. At her party, she pretends that she has a kitchen full of servants who are waiting on her†¦when in reality she doesn’t. Research Report: The Great Gatsby :: essays research papers fc Research Report: The Great Gatsby   Ã‚  Ã‚  Ã‚  Ã‚  In â€Å"The Great Gatsby: A Criticism of American Society,† author Ned Mack discusses how F. Scott Fitzgerald criticizes the American Society in the 1920’s for its trend to waste, advertise, encourage superficial relationships, and an obsession with appearances. All four of these things are very evident in the novel, and Mack just breaks each of them down individually. Mack talks about how the Valley of Ashes is an example of people being wasteful in the 1920’s. People in America use what they want and when they want and leave the remains or waste, you might call it, behind for the un-wealthy to clean up. â€Å"The valley of ashes was once a flourishing town, but was used until it was no longer valuable and was thus abandoned.† (qtd. In Mack) This is very true the rich people in the novel were by no means conservationist. They would not think twice about using things in excess and then discarding them how they please. Advertising plays a huge role in this novel. Mack says, â€Å"The billboard in the Valley of Ashes is held above the rest of the town and represents society worshipping advertising† (2). This is evident in the novel not only are business’ advertised but in a way people are always advertising themselves. By talking about their own business’ or even worse putting themselves on display and advertising themselves, but not as people, but more like objects and how wealthy they are. An example of this is when Mr. And Mrs. Mckee are at Myrtle’s party and the narrator Nick is talking about the Mckees and he says referring to Mrs. Mckee, â€Å"She told me with pride her husband had photographed her a hundred and twenty-seven times since they had been married† (qtd. In Mack) Subconsciously, Mrs. Mckee is advertising her husband and that he is a photographer. Mack goes on to talk about the American obsession with appearance that is shown throughout the novel. An example of this would be that Gatsby has a huge library filled with books that have never been opened. Gatsby is just trying to be someone that he is not in order to fit a certain image. Another character obsessed with her appearance and how people perceive her is Myrtle. At her party, she pretends that she has a kitchen full of servants who are waiting on her†¦when in reality she doesn’t.

Leadership and Management: a Comparative Essay Essay

Over the years there has been a lot of debate on the similarities and differences between management and leadership. Weathersby (1999) argued that â€Å"management is the allocation of scarce resources against an organization’s objective, the setting of priorities, the design of work and the achievement of results† whereas leadership â€Å"focuses on the creation of a common vision†. Schruijer and Vansina (1999) proposed that management is about â€Å"doing things right† and leadership is â€Å"doing the right things†. Both studies appear to view the management function as an administrative role while placing the leadership function as a visionary role. Locander, Luechauer, and Pope (2007) support this notion by arguing that leadership is like theater and that the leader is the visible manifestation of an organization’s or project’s success or failure. Therefore, he or she must engage the followers to believe in and achieve a desired outcome â€Å"By paying attention to what people want and expect, and by searching for solutions to problems, the leader can act appropriately and fulfill the desired role† (Locander, et. al, 2007). Lichtenstein, Bien, Marion, Seers, Orton, and Schreiber (2006) added a relational dimension to their definition of leadership stating that â€Å"leadership is an emergent event, an outcome of relational interactions among agents†¦leadership emerges through dynamic interactions†. Having a background in Communication Studies, I also look at how relationships affect the definition of both leadership and management. Effective leadership and management results in the achievement of goals; quality leadership and management builds and sustains working relationships in the process of achieving those goals. Having this understanding, I define leadership as creating and maintaining relationships in such a way that it motivates people to achieve personal and shared goals. Management, in turn, nurtures those relationships and bridges the vertical gap in organizational structure. â€Å"The critical resource of most businesses is no longer capital but the people a company hires, motivates and develops† (Karp, 2006). Good leaders should inspire people to want to better themselves first and then use that esteem to better their external environment (i.e. the organization or the task at hand). Chen (2006) states â€Å"Business is often a roller coaster of highs and lows. Therefore it is to be expected that high performance leaders are more skilled at motivating themselves and others in challenging situations†. Here, Chen alludes to a key factor in good leadership and that is the leader’s self esteem. Malhotra, Majchrzak, and Rosen (2007) propose that a leader is responsible for â€Å"articulating a vision for the team, communicating the vision with passion, setting an execution plan so the vision can be accomplished, forming coalitions of believers, aligning others behind the vision, and shaping a team culture by articulating operating values†. In order for a leader to do the above-referenced items, he or she must have high moral standards and a positive self-image to exact such duties. The Bible affirms that good leadership is rooted in high moral standards. Peter 3:8-11 reads â€Å"Finally, [be ye] all of one mind, having compassion one of another, love as brethren, [be] pitiful, [be] courteous: Not rendering evil for evil, or railing for railing: but contrariwise blessing; knowing that ye are thereunto called, that ye should inherit a blessing. For he that will love life, and see good days, let him refrain his tongue from evil, and his lips that they speak no guile: Let him eschew evil, and do good; let him seek peace, and ensue it†. REFERENCES Chen, J. (2006). International Corporate Highfliers: What Makes Them Tick. British Journal of Administrative Management, 52, 26-27. Karp, T. (2006). Transforming Organisations For Organic Growth: The DNA of Change Leadership. Journal of Change Management, 6, 3-20. Lichtenstein, B., Uhl-Bien, M., Marion, R., Seers, A., Orson, J., & Schreiber, C. (2006). Complexity Leadership Theory: An Interactive Perspective On Leading In Complex Adaptive Systems. Emergence: Complexity & Organization, 8, 2-12. Locander, W., Luechauer, D., & Pope, J. (2007). Leadership Is Like Theater. Marketing Management, 16, 45-47. Malhotra, A., Majchrzak, A., & Rosen, B. (2007). Leading Virtual Teams. Academy of Management Perspectives, 21, 60-70. Schruijer, S. and Vansina, L. (1999). Leadership and Organization Change: An Introduction. European Journal of Work & Organizational Psychology, 8, 1-8. Weathersby, G. (1999). Leadership vs. Management. Management Review, 88, 5.

Sources Of Law Introduction To The Malaysian Legal System Sources Of Law

SOURCES OF LAW INTRODUCTION TO THE MALAYSIAN LEGAL SYSTEM SOURCES OF LAW The sources of Malaysian law refer to the legal sources i. e. the legal rules that make up the law in Malaysia. The sources of Malaysian law comprise: 1)Written law; and 2)Unwritten law Federal and State Constitutions Written Legislations & Delegated Legislations SOURCES OF MALAYSIAN LAW Judicial Decision English law Unwritten Islamic law Customary Law SOURCES OF LAW: UNWRITTEN LAW Unwritten law is the portion of Malaysian law which is not being enacted by the Parliament or State Legislative Assemblies and is not found in the Federal & State Constitutions.It is found in cases decided by the courts, local customs etc. – The unwritten law comprises the following: – i. Principles of English law applicable to the local circumstances. ii. Judicial decisions of a superior courts e. g. the High Courts, Courts of Appeal and the Federal Court. iii. Customs of the local inhabitants which have been accepted a s law by the courts. iv. Islamic law UNWRITTEN LAW – ENGLISH LAW English law comprises of the common law, the rules of equity and statutes :The common law is the unwritten law which was developed by judges in England based on customs and usages of the society.The common law is recognized and enforced through decisions of courts rather than through parliament or the executive branch of the government. The rules of equity is a body of legal rules formulated and administered by the Court of Chancery in England to supplement the rules and procedures of the common law. Statutes are the laws which are enacted by the legislature/parliament. Reception and Application of English Law in Malaysia ? Started with the informal reception in the Straits Settlement. ? Led to the Malay States through the intervention of the British Resident and advisors. As for the Borneo states since they became British protectorates in 1888, they too informally received English Law. ? The English Law was for mally received under three statutes: ? Civil Law Ordinance 1956 for Peninsular Malaysia ? Application of Laws Ordinance 1951 for Sabah ? Application of Laws Ordinance 1949 for Sarawak ? All the three statutes are now incorporated into the Civil Law Act 1956 ? The principles of English law can be applied in Malaysia by virtue of section 3 and 5 of the Civil Law Act 1956.It provides for the application of the principles of English law in Malaysian courts provided that: ? i) there is a lacuna in law, and ? ii)the principles of English law is suitable to the local circumstances. ? Lacuna = a blank gap or missing part ?Sec. 3(1)(a) of the Civil Law Act 1956 provides that the Court shall in West Malaysia apply the English common law and rules of equity as administered in England on 7 April 1956. This means that only English law, which was used in England as at 7 April 1956 can be used in West Malaysia.Further development of English law after this date cannot be so applied. However, they m ay be persuasive, especially in the absence of local statutory provisions or case law. ?Sec. 3(1(b) of the the Civil Law Act 1956 provides that the Court shall in Sabah apply the English common law, rules of equity and statutes of general application as administered or in force in England on 1 December 1951. ?As for Sarawak , sec. 3(1)(c) of the Civil Law Act 1956 allows the Court to use English common law, rules of equity and statutes of general application in force in England on 12 December 1949. English Commercial Law ? As for English commercial law, sec. 5(1) of the Civil Law Act 1956 provides that for West Malaysia (except for Penang and Malacca), the principles of English commercial law as at 7 April 1956 shall be applied in the absence of local legislation. ? As for the states of Penang, Malacca, Sabah & Sarawak – sec. 5(2) of the Civil Law Act 1956 provides that the principles of English commercial law as at the date on which the matter has to be decided is to be used , where there is no Malaysian legislation on that area. However, as there are an increasing number of Malaysian statutes on commercial law, sec. 5 Civil Law Act 1956 is of diminishing importance. ? The local circumstances clause in sec 3 Civil Law Act 1956 is absent in sec 5 Civil Law Act 1956 , but in practice, sec 5 has been interpreted as if it is subject to this clause as – Shaik Sahied bin Abdullah Bajerai v Sockalingam Chettiar (1933) Section 5 [Specific Application Commercial Matters] ? S 5(1) – All West Malaysia states (Except Penang & Malacca) apply English Commercial Law including statutes on 7/4/1956 S 5(2) – Penang, Malacca, Sabah & Sarawak apply the relevant and applicable English Commercial Law on the date of trial HIERARCHY OF COURTS IN MALAYSIA Federal Court Courts of Appeal High Courts Sessions Courts Magistrates’ Courts Penghulu‘s Courts UNWRITTEN LAW – JUDICIAL PRECEDENT court decisions which make up the ? Judicial decision s are common law of a country. The courts make law by applying the existing law to new situations and by interpreting legislations. Judicial decisions form part of the law of Malaysia through the doctrine of judicial precedent. A judicial precedent is commonly defined as â€Å" a judgment or decision of a court of law cited as authority for the legal principle embodied in its decision†. ? Doctrine = a principle The Doctrine of Judicial Precedent. ? This doctrine states that an earlier decision of a higher ranked court is binding on a later lower ranked court, if the facts in both cases are similar. Thus the cases heard in a higher ranked court lay down legal principles which must be followed by the lower ranked court. Once a precedent is made, it remains binding unless and until overruled by a later decision. The doctrine of judicial precedent is based on the principle of stare decisis, this means that like cases should be treated alike. The general rule is that all courts ar e bound to follow decisions made by courts higher than themselves in the hierarchy and appellate courts are usually bound by their own previous decisions although there are exceptions. ? stare decisis = stand by what has been ? This practice of following precedent is also known as stare decisis (stand by what has been decided).It is a legacy of the English common law system. ? If a judge fails to follow a binding precedent, the decision will be legally wrong and it is likely to be reversed on appeal. Where there is no appeal, it can be overruled in a later case. ? The general rule is, where the subsequent case is in pari materia The Application of the doctrine of Binding Precedent in Malaysia to the earlier case: a) Courts of lower rank in Malaysia are bound to follow the decisions of the courts of higher rank in this country. However, there are exceptions: I.When there is a conflict of decision between higher courts of the same rank : in the case of two conflicting decision of the Court of Appeal, the lower court is entitled to decide which one to follow; in the case of two conflicting decision of the Federal Court the lower court must follow the later decision (because it represents the existing state of the law). Dalip Bhagwan Singh v PP (1998) In pari materia = upon the same matter or subject I. The decision of the higher court though not expressly overruled, cannot in the opinion of the court stand with a decision of the Federal Court. II.Distinguishing precedent – a judge may distinguish the case when there are material differences in facts between the case before him and the case laying down the precedent. ? Hierarchy of the Courts: Federal Court v Court of Appeal v Superior Cts. High Court v Sessions Court v Magistrates’ Court Subordinate Cts. ? Only superior courts are entitled to set up judicial precedents whereas the subordinate courts are duty bound to follow precedents. ? The Federal Court ? The highest ranking court and the final ap peal court. ? The decisions of the Federal Court are binding on all lower Courts. The Federal Court is only bound by its own decision in civil cases. ? Decision of The Court of Appeal ? The Court of Appeal is bound by the decision of the Federal Court. ? The Court of Appeal's decision is binding on all lower courts, including the High Court. ? The Court of Appeal is also bound by its own decision ? Decision of The High Court ? The High Court decision is binding on all subordinate courts. ? The High Court is not bound by its own decision. ? Decision of The Subordinate Court ? The Sessions Courts and Magistrates’ Courts are bound by the decision of the Superior Courts. The Sessions Court and Magistrates’ Court decisions are not binding on any court, including themselves . UNWRITTEN LAW – CUSTOMS ? The regular pattern of social behaviour, accepted by a ? ? ? ? given society as binding upon itself. Customs are proved through repeated acts practiced over a long perio d of time, leading to the conclusion that by common consent they have become the accepted norm, or the law of the place, to the exclusion of ordinary law. In Malaysia, the term is also known as adat or ‘native law & custom’ Art 160 of Federal Constitution includes ‘customs & usages having the force of law’ in the definition of law.This definition distinguished between customs that have legal consequences and those that do not. ? There is no common customary law for all communities. ? Malays – Adat Perpatih & Adat Temenggung ? Natives of Sabah & Sarawak – Native law & custom ? Chinese – Chinese Customary law ? Indian – Indian Customary law ? Customary law consists of customs and traditions including Malay adat, old Chinese and Hindu customs and native law. UNWRITTEN LAW – ISLAMIC LAW ?- Islamic law is another important source of Malaysian law.It refers to the legal rules that are part of the Syariah and enacted as legislati on in accordance with the Federal and State Constitution. incorporation of Islamic principles into land laws and banking laws. Islamic law applies to all Muslims and of particular importance are the laws relating to family matters (marriage & divorce) & division of assets/properties of the deceased persons. ? It is increasingly being applied in our local laws e. g. through the ? In Malaysia the Islamic law applied is of the Shafii school of jurisprudence (mazhab), with some modification by Malay adat (customary) law. Islamic law is applicable only to Muslims and is administered in the Syariah court. Except for the Federal Territories, the states have the power to administer the Islamic law. ? Article 121(1A) of the Federal Constitution states that the civil courts have no jurisdiction in respects of any matter within the jurisdiction of Syariah court. It posseses civil jurisdiction in proceedings between parties who are Muslims, and limited criminal jurisdictions over offences by Mu slims against religion. ? The Sources of Islamic law are: The Quran, Sunnah, Ijma’, Qiyas etc. SOURCES OF LAW: WRITTEN LAW –Written law is the most important source of law in Malaysia. It is in writing and includes the following: the Federal and State Constitutions, legislations and subsidiary/delegated legislation Federal Constitution is the supreme law of the country and no law can go against it. It sets out the structure of the government and states that Malaysia is a system of parliamentary democracy with no separation of legislative and executive branch. However, the judiciary is a separate branch. The Federal Constitution also states the basic rights of every citizens, such as rights to education, citizenship rights and voting rights.There is also freedom to practice one’s own religion, although Islam is the religion of the Federation. – – – – The State constitution sets out the structure of the state governments and provides fo r the existence of a State Legislative Assembly in each state. The function of the state Legislative Assembly is to enact laws for the state. Legislation is enacted by the Parliament at federal level and by the state Legislative Assembly at the state level. The Federal and State legislatures are not supreme as they can only enact laws in accordance with the stipulated procedures in the Federal and State Constitutions.Law made by the Parliament is called an ‘Act’ while law made by the State Legislative Assemblies is called an Enactment or Ordinance. Subsidiary or delegated legislation arises when parliament delegates its rights to make law to another body such as the Minister concerned or a local authority. These laws are known as regulations or by-laws. There is a need for delegation as the Parliament’s time is limited and sometimes specialized expertise in certain areas of the law is required WRITTEN LAW – FEDERAL CONSTITUTION ? The meaning of the term â €˜Constitution’ It is used in two senses: ?The body of legal and non-legal rules concerning the government of a state ? A single written document having special legal status, which establishes the state, and sets out the structure and powers of the state ? In Malaysia, there are 13 states and three federal territories ? There is one Federal Constitution and 13 States Constitutions ? The Federal Constitution is the supreme law of the land. – The FC sets out the structure of the country’s government and states that Malaysia applies the system of parliamentary democracy. It lays down : i) the power of the Federal and State Governments ii) fundamental rights of ndividual such as the rights to education, voting & freedom to practice one’s own religion, although Islam is the official religion of the country. iii) Citizenship iv) the judiciary v) Financial provisions vi) Public Services vii) Relationship between Federation and the States viii) etc. WRITTEN LA W – STATE CONSTITUTION ? Each state has its own constitution. ? This constitution regulates the government of that particular state. ? The powers of a state is provided in the ‘State List' of the Federal Constitution. Example of matter which falls under the State List is Islamic personal and family laws. WRITTEN LAW – LEGISLATION Also known as primary legislation ? Refers to law enacted by: ? Parliament – at federal level ? State Legislative Assemblies – at state level ? Article 74(1) –Parliament makes laws on matters listed in the Federal List or Concurrent List ? Article 74(2) – State Legislature makes laws on matters listed in the State List or Concurrent List. ? Article 75 – if state law inconsistent with federal law the federal law prevails. Types of Legislation ACTS Enacted by Parliaments ENACTMENTS Enacted by State Legislative Assemblies ORDINANCES Promulgated by the YDPA During Emergency & Laws enacted by Sarawak State L egislative Assembly Laws enacted by the Parliament btw 1st Apr 1946 – 10th Sept 1959 ? Also known as delegated/ subordinate legislation ? Law made through powers delegated by the legislature to a WRITTEN LAW – SUBSIDIARY LEGISLATION body or person via a parent statute ? Sec 3 of the Interpretation Act 1948 & 1967 defines SL as: ? ‘Any proclamation, rule, regulation, order, notification, bylaw or other instrument made under any Act, Ordinance or other lawful authority & having legislative effect. ’ ? Why SL is needed: i. The legislature has insufficient time ii.Better to leave the highly technical aspect of the legislation to the experts or administrators on the job iii. The legislature is not continuously in session & the procedures are cumbersome The Federal Constitution The general features of the Malaysian Federal Constitution: ? The Supremacy of the Federal Constitution. – In Ah Thian v Government of Malaysia (1976), Suffian LP pointed out that the doctrine of Parliamentary Supremacy does not apply in Malaysia. Here we have a written constitution. The power of Parliament and state legislatures in Malaysia is limited by the Constitution. The legislature, the executive and the judiciary and all institutions created by the Federal Constitution and deriving their powers from it are subject to the provisions of the Federal Constitution. – Article 4(1) of the FC declares that the FC is the supreme law of the federation and any law passed after the merdeka day that is inconsistent with FC is (to the extent of the inconsistency) void. – Art 162 – pre merdeka laws shall be applied with such modifications as may be necessary to make them accord with the FC – In Dewan Undangan Negeri Kelantan & Anor v. Noordin Bin Salleh & Anor.The Supreme Court declared that a law passed by the Kelantan State Legislative Assembly to be void as the said state law contravened the provisions of the Federal Constitution that guaranteed the freedom of association. ? Fundamental Liberties/ Basic Human Rights ? The Constitution highlights and safeguards certain fundamental human rights essential for the continuance of human race. ? The constitution protects our freedom an restrains any law or any other power from encroaching and taking away our basic rights. ? Examples: o Article 5 – No one shall be deprived of his life or personal iberty except through the provisions of law. A person may not be unlawfully detained, he must be informed of the ground of his arrest and must be produced before a Magistrate within 24 hours. o Article 6- prohibits slavery and forced labour. o Article 7- protects against retrospective criminal laws and repeated trials. o Article 8 –provides for equality before the law and equal protection of the law. o Article 9 – provides for freedom of movement o o o o Article 10 – freedom of speech, expression and association. Art 11 – Rights to profess & pr actice & propagate religion Art 12 – Rights of education Art 13 – Rights to propertyRestraints†¦ ? Art 5 – i) Govt. entitled to stop/prevent individual from leaving/visiting country for various reasons. E. g. political boycott, threat of war, pending criminal charges, etc . , ii) Internal Security Act – detention w/o trial : exempted from complying with Art 5 ? Art 6 – compulsory service for national purposes – work incidental to serving of imprisonment are not considered slavery/labor force ? Art 7 – the acquitted/convicted can be subjected to disciplinary action by a domestic tribunal for the same offence, OR being tried under difference statute Art 8 – Art 153 allows reservation of quotas for bumiputras – AG is given power to discriminate individual for public interest – Certain people – enjoy immunity. E. g. monarch, diplomat, special rapporteur for UN ? Art 9 – subject to banishment order m ade by Deputy Minister of Home Affairs under s 2(i) of Restricted Residence Enactment ? Art 10 – Freedom of speech: Defamation Act 1957, Sedition Act 1948, Official Secrecy Act, Printing Presses & Publications Act 1984 Freedom of Assembly : Permit is sin qua non. Has to satisfy the police the assembly is not prejudicial & excite disturbance of peace Art 11 – Propagation is subjected to clause 4 where the state & federal law may restrict, control the act of propagation of any religion among persons professing Islam Clause 5 – In exercising religious practices, The FC forbids any act which may lead to public disorder, affect public health or public morality. Case: (Halimatussaadiah v Public Service Commission, Malaysia, Anor [1992] ? Art 12 – subject to Art 152 : national language and Art 153 : bumiputra quotas. Case: Merdeka University v Govt of M’sia [1982] ? Art 13 – subject to acquisition by the govt. ut entitled to receive fair & reasonab le compensation. Case: K’jaan Negeri Johor & Anor v Adong bin Kuwau & Ors [1998] ? Amendment of the Federal Constitution ? All institutions created by the Federal Constitution and deriving their powers from it are subject to the provisions in Federal Constitution . ? The provisions that are written in the Federal Constitution can only be amended by certain methods provided for by the Federal Constitution itself. ? Article 159 provides for 4 methods by which the Federal Constitution can be amended: 1. Requiring Special Majorities 2. Requiring Consent of Conference of Ruler 3.Requiring Consent of Sabah & Sarawak 4. Not requiring Special Majorities DIVISIONS/CLASSIFICATIONS OF LAW ? Legal rules can be divided up in many different ways. ? Not all legal rules are of the same type ? They show differences in purpose, in origin and form, in the consequences when the rules are breached and in matters of procedure, remedies and enforcement. EXAMPLES OF DIVISION OF LEGAL RULES ? 1. stat ute v common/case law ? 2. criminal law v civil law ? 3. national law v international law ? 4. public law v private law Criminal law v civil law ? Criminal law means the law relating to crime. Civil law means the law not relating to crime. ? The difference relies in the nature of the proceedings and the sanctions that may follow DIFFERENCES BETWEEN A CRIME AND A CIVIL WRONG CRIME ? 1. A crime is a public CIVIL WRONG ? 1. A civil wrong is an wrong. It constitutes breaches and violations of public rights and duties due to the community as a whole. infringement of a private civil right which belongs to an individual. ? 2. A crime is prosecuted by ? 2. A civil wrong is filed by the public prosecutor on behalf of the government; criminal charges cannot be filed by an individual.An act is a crime if the sanction is enforced at the discretion of the state using a criminal procedure. the damaged or wronged individual. An act is a civil wrong if the sanction is enforced at the discretion of the party whose right has been violated, using a civil procedure. ? 3. If the outcome of the ? 3. Civil wrongs are usually procedure is punishment in the form of sentencing after a finding of guilt, then the act or wrong is a crime. Crimes are punishable by imprisonment, fines or capital punishment. resolved through awarding monetary damages to the wronged individual.If the outcome is a judgment for damages, compensation, restitution, declaration of rights, order of specific performance, a prerogative order, etc. , then the act or wrong is a civil wrong. ? 4. The punishment for ? 4. There is no set limit on crimes has already been set down in rule and punishment is generally decided by the type of crime that was committed, the seriousness of the offence and, in some instances, the history of the offender. the amount one found guilty of a civil wrong can be made to pay. PUBLIC LAW V PRIVATE LAW ? Public law is concerned with the distribution nd exercise of power by the state and the legal relations between the state and the individual. ? For example, the rules governing the powers and duties of local authorities, the regulation of building standards, the issuing of passports, the compulsory purchase of land to build motorway all fall within the ambit of public law. ? Private law is concerned with the legal relationships between individuals such as the liability of employers towards their employees for injuries sustained at work, consumer’s rights against shopkeepers and manufacturers over faulty goods or owners’ rights to prevent others walking across their land.